INDETERMINATE SENTENCE LAW

HOW TO APPLY:
Step 1: Determine the crime committed and the penalty imposable.
Example: Juan and Pedro quarreled. In the process, Juan killed Pedro. The
killing constitutes the crime of Homicide. The penalty imposable for said crime is
reclusion temporal.
Step 2: Fix the proper degree.
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Determine if the provisions of Art. 64(5), 68, 69 are applicable. Lower the
penalty by degree or degrees.
o

Article 64(5): If there are two or more mitigating circumstances and

NO aggravating circumstance, the penalty imposable is ONE DEGREE
LOWER.

Article 68: over 9 but under 15 years old = TWO DEGREES LOWER; 15
to below 18 = ONE DEGREE LOWER. (Old Law)

Article 68: 15 years old below = exempted, TWO DEGREES LOWER;

over 15 years old but below 18 = exempted unless acted with
discernment, ONE DEGREE LOWER. (RA 9344)

Article 69: Incomplete self defense.

ELEMENTS OF COMPLETE SELF DEFENSE:

1. Unlawful aggression on the part of the victim or deceased.
2. Reasonable necessity of the means employed by the accused to
repel or repulse the aggression.
3. Lack of sufficient provocation on the part of the accused.

There is incomplete self defense when only unlawful aggression

is present or when unlawful aggression and any of the two (2)
remaining elements are present.

Only unlawful aggression is present = ONE DEGREE LOWER

Unlawful aggression + any remaining elements = TWO DEGREES

LOWER.

Step 3: Fix the Minimum

The penalty imposable for Homicide is Reclusion Temporal. In fixing the minimum,
lower the penalty by one degree from the penalty imposable or proper degree as
the case maybe. In the instant case, step no. 2 which is the lowering by degree/s is
not applicable. Therefore, lower the penalty by one degree from the penalty
imposable to the offense of homicide which is Reclusion Temporal. One degree is
Prision Mayor. Thus, the minimum of the indeterminate sentence is Prision Mayor in
any of its period.
Note: It is within the discretion of the judge to fix the minimum in any of the three
periods.
Step 4: Fix the Maximum
From the minimum penalty of Prision Mayor go up one degree higher and look for
the remaining mitigating and aggravating circumstances if there are any. One
degree higher from Prision Mayor is Reclusion Temporal. There being no mitigating
or aggravating circumstances, the maximum of the indeterminate sentence is
Reclusion Temporal in its medium period.
The range of indeterminate sentence is Prision Mayor in any of its period as
minimum to Reclusion Temporal in its medium period as the maximum.
2.) Homicide in which one Mitigating circumstance attended its commission.
A and B quarreled. In the process, A killed B. When the police came, A voluntarily
surrendered.
Determine the indeterminate sentence to be imposed on A.
Answer: The penalty for homicide is Reclusion Temporal. Since we cannot apply step
no. 2 (lowering by degree/s) it appearing that Art. 64 par. 5, art. 68 and art. 69 are
not applicable, we can now fix the minimum by lowering the penalty by one degree
from Reclusion temporal. One degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum go up one degree higher from Prision Mayor or go back to
the penalty where you immediately came from before Prision Mayor which is
Reclusion Temporal. In the instant case, there is one mitigating circumstance which
is voluntary surrender. There being one mitigating circumstance and no aggravating
circumstance, the proper period of the maximum is Reclusion Temporal in
its minimum period.
The range of indeterminate sentence is Prision Mayor in any of its period as
minimum to Reclusion Temporal minimum as maximum.
3. Homicide in which an aggravating circumstance attended its commission.

A and B quarrelled. In the process A killed B. A took advantage of nighttime to

facilitate the commission of the offense.
Determine the indeterminate sentence to be imposed upon A.
Answer: Night time is only an ordinary aggravating circumstance. It is not a
qualifying aggravatin circumstance hence it cannot raise the category of the offense
to murder. The offense is therefore homicide. The penalty for homicide is Reclusion
temporal. Since we cannot apply step number 2 (lowering by degree/s) it appearing
that Art. 64 par. 5, art. 68 and art. 69 are not applicable, we can now fix the
minimum by lowering the penalty by one degree from Reclusion temporal. One
degree lower is Prision Mayor.
The minimum is Prision Mayor in any of its period.
In fixing the maximum go up one degree higher from Prision Mayor or go back to
the penalty where you immediately came from before Prision Mayor which is
Reclusion Temporal. In the instant case, there is one aggravating circumstance
which is nighttime. There being one aggravating circumstance and no mitigating
circumstance, the proper period of the maximum is Reclusion Temporal in
its maximum period.
The range of indeterminate sentence is Prision Mayor in any of its period as
minimum to Reclusion Temporal maximum as maximum.

APPLICATION:
5. Homicide in which three (3) mitigating circumstances attended its commission.
Example: A and B quarreled. In the process, A killed B. After the killing A voluntarily
surrendered to the police. A was able to prove lack of intent to commit so grave a
wrong and passion and obfuscation. Determine the indeterminate sentence to be
imposed upon A.
Answer: A committed the crime of homicide punishable by reclusion temporal. The
offense is attended by mitigating circumstances. There being three (3) mitigating
circumstances and no aggravating circumstance. A is entitled to a penalty of one
degree lower from reclusion temporal. One degree is prision mayor. From the proper
degree, lower the penalty to get the minimum penalty. One degree lower from
prision mayor is prision correctional in any of its period. In fixing the maximum
period go one degree higher from prision correctional and that is prision mayor.
Look for the remaining mitigating circumstances. Thus, when fixing the maximum
there remains a mitigating circumstance considering that the other two mitigating
was used to lower down the maximum penalty to prision mayor. Which makes the
maximum period of prision mayor in its minimum period.

6. Homicide in which three (3) mitigating circumstances and one (1) aggravating
circumstance attended the commission of the crime.
Example: A and B quarreled. In the process, A killed B. After the killing A voluntarily
surrendered to the police. A was able to prove lack of intent to commit so grave a
wrong and passion and obfuscation. However, it was proven that A killed B with
disrespect due the victim on account of his age. Determine the indeterminate
sentence to be imposed upon A.
Answer: A committed the crime of homicide punishable by reclusion temporal. The
offense is attended by mitigating circumstances. There is however one aggravating
circumstance of disrespect to the offended party on account of his age. Although
there are three mitigating you cannot lower the penalty by one degree because
there is an aggravating circumstance. Thus, the starting point is Reclusion temporal.
In fixing the minimum, go one degree lower from reclusion temporal which is prision
mayor. In fixing the maximum period, go one degree higher from the minimum
penalty. Look for the remaining mitigating and aggravating circumstances. Offset
one mitigating circumstance with the aggravating circumstance and these remain
two mitigating circumstances. Considering the two mitigating circumstance the
maximum penalty is the minimum of reclusion temporal.

INDETERMINATE SENTENCE IN COMPLEX CRIME

Sample Problem:
Juan, with intent to kill, fired his gun at Pedro. Pedro was not hit but the bullet hit
Petra who was seated beside Pedro. Petra died as a consequence.
a) What crime/crimes did Juan commit?
b) Determine the penalty imposable to Juan taking into consideration the
ISLAW.
Answer:
a) Juan committed a complex crime of homicide with attempted homicide.
The two crimes were the result of a single act. As such, the two crimes
comprise the single offense of homicide with attempted homicide.
b) The penalty imposable in a complex crime is the penalty for the higher
offense. In the present case, homicide is the higher offense which is
punishable by Reclusion Temporal. Step number two is not applicable so
you can now fix the minimum. Lower the penalty by one degree. One
degree lower than Reclusion Temporal is Prision Mayor. The minimum
penalty therefore is Prision Mayor in any of its periods. Under Art. 48,

the maximum of ISLAW in complex crimes is always the maximum

regardless of any mitigating circumstance that attended the commission
of the offense.

So the range of the indeterminate sentence is Prision Mayor in any of its periods
as minimum to Reclusion Temporal in its maximum period.

INDIVISIBLE PENALTY
Sample Problem:
Juan raped Petra. During the trial, juan pleaded guilty and the mitigating
circumstance of voluntary surrender was duly established. Determine the penalty
imposable.
Answer:
The penalty imposable for rape is Reclusion Perpetua to Death. These are
two indivisible penalties. There being two mitigating circumstances, the penalty
imposable is the lesser indivisible penalty of Reclusion Perpetua. We cannot go
one degree lower pursuant to Art. 64 par. 5 because this article applies to divisible
penalties. What is applicable is Art. 63 which deals with indivisible penalties.
Art. 63 provides, in all cases in which the law prescribes a single indivisible penalty
it shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.
INDETERMINATE SENTENCE IN SPECIAL LAW
Maximum must not exceed the maximum term fixed by the law.
Minimum must not be less than the minimum term fixed by law.
Example:
Juan is convicted for Illegal Possession of Firearms punishable by Prision
Correctional. The duration of the penalty is 6 months and 1 day to 6 years. The
maximum shall not exceed 6 years. The minimum shall not be lesser than 6 month